Case law

Gibson v. Jefferson Parish Hosp. Serv. Dist. No 2

275 So. 3d 482 · Louisiana Court of Appeal · Jun 27, 2019

Although no document submitted with Ochsner's writ application established the date of Mrs. Gibson's death, it appears the parties do not dispute that she died on December 6, 2013. … and not qualified, to the same extent that prescription is suspended against the party or parties that are the subject of the request for review."

Armstead v. Schwegmann Giant Super Markets, Inc.

618 So. 2d 1140 · Louisiana Court of Appeal · Apr 28, 1993

The only argument advanced to the trial court in support of defendant's motion for summary judgment was that the tort immunity exception of the Worker's Compensation Act precluded the plaintiff from maintaining this action … (Emphasis added) In my opinion this allegation clearly raises the question of whether plaintiff's injury resulted from the type of "intentional act" envisioned by La.R.S. 23:1032.

Harper v. Ragus

62 So. 2d 167 · Louisiana Court of Appeal · Dec 10, 1952

appellee have correctly stated in brief the issues which require our consideration: (1) Was the necessary employer-employee relationship in existence so far as the subject accident and resulting injury are concerned to qualify … We observe the foregoing authorities determine there must exist an intention to establish a partnership and that such intention must be clearly indicated by the parties to the particular arrangement.

State v. Roux

487 So. 2d 1226 · Louisiana Court of Appeal · Mar 5, 1986

having the burden of establishing that the confession was voluntary, still retains that burden. … Clearly, the trial judge did not err when he accepted Dr. Fain as an expert in psychology.

Sledge v. McGlathery

324 So. 2d 354 · Supreme Court of Louisiana · Dec 8, 1975

While a Mayors' court may not be a court of record, it is a court established by our Constitution and has, at the very least, the power of a sovereign to imprison. … Webb, supra , where defendant Wilson was serving a sentence imposed by the Mayor under the Logansport Criminal Code. [8] Article 931 of the Code of Criminal Procedure states that "[e]xcept where the context clearly indicates

Murray v. SERVALL SERVICES, INC.

9 La.App. 5 Cir. 107 · Louisiana Court of Appeal · Jan 12, 2010

Further, although claimant’s treating physician noted that the functional capacity evaluation indicated that claimant met the physical criteria for sedentary work with restrictions, his treating physician qualified the findings … It is well-settled that factual findings in workers’ compensation cases are subject to the manifest error or clearly wrong standard of review.

Barnes v. Gaines

5 Rob. 314 · Supreme Court of Louisiana · Jul 15, 1843

Gaines, said and acknowledged, that he had possession of the property, which he qualified as a conservative or provisional possession. … It seems to us, that the principles established in the case of Ellis v.

State ex rel. CAM

565 So. 2d 523 · Louisiana Court of Appeal · Jun 27, 1990

Buxton, qualified as an expert in the field of psychology, clearly established that in his opinion the children were sexually abused children. … Buxton clearly establishes that appellant suffers from a behavioral conduct disorder that renders her unable to provide an adequate permanent home for the children now or in the reasonably near future.

Normann v. Burnham's Van Service

73 So. 2d 640 · Louisiana Court of Appeal · Jun 30, 1954

The combined weight of the articles appears to be 48 pounds, thus establishing appellant's maximum indebtedness at the sum of $14.40. … Clearly, the Secretary of State is not made the general agent of the nonresident for service of process in other kinds or classes of claims.

L.E.P.S. v. R.G.P.

11 So. 3d 633 · Louisiana Court of Appeal · Jun 3, 2009

L.E.P.S., a school teacher, is clearly the more qualified parent in this regard. … In this case, the appointment of R.P. as “supervisor” does not qualify as the silver lining to an otherwise dark cloud.

Louviere v. Louviere

839 So. 2d 57 · Louisiana Court of Appeal · Jun 5, 2002

We find no negligence by the Thibodaux defendants, as the evidence fails to establish that TPSO would have declined to hire Mr. Louviere if provided the alleged withheld documents. … The record clearly shows that Mr. Louviere received favorable job performance reviews while with the Thibodaux Police Department.

Audubon Exploration v. Linder Oil Co.

573 So. 2d 1180 · Louisiana Court of Appeal · Jan 16, 1991

The court's decision was based primarily on the testimony of Louis Lamarie, qualified as an expert in geology and in oil and gas operations. … Linder finds the most serious flaw in Audubon’s argument to be its failure to establish a connection between the enrichment and the alleged impoverishment.

Ane v. Ane

220 La. 346 · Supreme Court of Louisiana · Dec 10, 1951

Adatto, a qualified psychiatrist, “as an expert to examine the defendant in rule, Mrs. … But there can be no doubt that the writer’s good intention is clearly expressed in each. In her letters to Dr.

State v. Sumlin

25 So. 3d 931 · Louisiana Court of Appeal · Oct 28, 2009

Richard Beighley, a criminalist at the North Louisiana Crime Lab, was qualified as an expert witness in firearms identification. … This record clearly does.

SDT Industries, Inc. v. Leeper

793 So. 2d 327 · Louisiana Court of Appeal · Jun 22, 2001

the finding is clearly wrong or manifestly erroneous. … The jury's finding that the defendants violated Louisiana Unfair Trade Practices Law was clearly wrong.

State v. Johnson

2015 La.App. 4 Cir. 0679 · Louisiana Court of Appeal · Feb 3, 2016

Officer William Giblin, a criminalist, with the New Orleans Police Department, was qualified as an expert in the field of narcotics testing. … The defense counsel objected to this clearly improper argument and the trial judge properly- sustained the objection.

Matherne v. Barnum

2011 La.App. 1 Cir. 0827 · Louisiana Court of Appeal · Mar 19, 2012

Similarly, the issue of whether there were corroborating circumstances sufficient to establish an oral contract is a question of fact. Pennington Const., Inc. v. … A trial court has great discretion in determining whether to qualify a witness as an expert, and such discretion will not be disturbed on appeal |nin the absence of manifest error. Burdette v.

Valentine v. Southern Advance Bag Paper Co.

20 So. 2d 814 · Louisiana Court of Appeal · Nov 28, 1944

App., 12 So.2d 22 , 25, but was qualified to some extent, as is shown by that portion of the opinion which we quote, as follows: "But it is true, as we stated in the Johnson case [Johnson v. … Plaintiff's appeal was from the judgment as a whole, and, if he is entitled, as we have held, to judgment in his favor for compensation, then, clearly, he is also entitled to the other relief for which he prayed, namely,

In Re Mastercard International Inc., Internet Gambling Litigation

132 F. Supp. 2d 468 · District Court, E.D. Louisiana · Feb 23, 2001

Logically, then, a violation of the civil statutes cited by plaintiff are not “chargeable under state law and punishable by imprisonment of more than one year”, and thus do not qualify as a predicate act to establish a pattern … This clearly established principle cannot be circumvented by attempting to characterize a routine contractual relationship for services as an independent enterprise. Jubelirer at 1053 .

Dianne Bates v. Robert C. King

Louisiana Court of Appeal · Nov 2, 2005

Unlike the defendants in Cormier and Burton, the Kings have established themselves as restauranteurs. … On the record before us, we find that the Kings have clearly demonstrated that they were engaged in the normal course and scope of their employment with Pitt Grill at the time of Ms.